Winarczyk v Winarczyk [2011] NSWSC 407

Supreme Court New South Wales

Medium Neutral Citation: Winarczyk v Winarczyk [2011] NSWSC 407 Hearing dates: Thursday 21 April 2011 Decision date: 21 April 2011 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: (1) the defendant's property identified in folio identifier xxxx as notional estate to the extent necessary to meet the following orders (2) the plaintiff is to receive a legacy of $75,000 out of the notional estate of the deceased (3) Interest at the rate provided for under the Probate & Administration Act 1898 to run from one month from today's date Category: Principal judgment Parties: Arthur Winarczyk v Roman Winarczyk Representation: Counsel: Mr R. Jefferis for plaintiff Mr M Cleary for defendant In person for plaintiff Roman Winarczyk for defendant File Number(s): 2010/83570

Judgment 1HIS HONOUR: This is an application in respect of the estate of the late Janina Ewa Winarczyk who died on 11 November 2008 aged 85 years. She was survived by the two parties who are her children. She made her last will on 28 October 2005 and appointed the defendant executor and left him the whole of the estate. 2The estate of the deceased was very modest. It consisted of her unencumbered home at Doonside, cash of about $5,570 and furniture of negligible value. The defendant sold the house in January 2010 for $270,000. From that sale price there has to be deducted a number of expenses. There is first the sale expenses of $7,000 and $12,000 which he spent on the property to get it ready for sale, funeral expenses of $15,000, probate costs of $3,801. Taking these into account and also giving the benefit to the defendant of the cash, the amount finally received and distributed to him from the estate would appear to be in the order of $237,770.